(a)Apportionment of permanent disability shall be based on causation.
(b)A physician who prepares a report addressing the issue of permanent disability due to a claimed industrial injury shall address in that report the issue of causation of the permanent disability.
(c)In order for a physician’s report to be considered complete on the issue of permanent disability, the report must include an apportionment determination. A physician shall make an apportionment determination by finding what approximate percentage of the permanent disability was caused by the direct result of injury arising out of and occurring in the course of employment and what approximate
percentage of the permanent disability was caused by other factors both before and subsequent to the industrial injury, including prior industrial injuries. If the physician is unable to include an apportionment determination in his or her report, the physician shall state the specific reasons why the physician could not make a determination of the effect of that prior condition on the permanent disability arising from the injury. The physician shall then consult with other physicians or refer the employee to another physician from whom the employee is authorized to seek treatment or evaluation in accordance with this division in order to make the final determination.
(d)An employee who claims an industrial injury shall, upon request, disclose all previous permanent disabilities or physical impairments.
(e)Subdivisions (a), (b), and (c) do not apply to injuries or illnesses
covered under Sections 3212, 3212.1, 3212.2, 3212.3, 3212.4, 3212.5, 3212.6, 3212.7, 3212.8, 3212.85, 3212.9, 3212.10, 3212.11, 3212.12, 3213, and 3213.2.
Notes of Decisions
Wilkinson v. Workers' Comp. Appeals Bd., 564 P.2d 848 (Cal. 1977).
· cites it 2× “Similarly, where no previous rating has occurred, but the record nonetheless supports the conclusion that separate injuries resulted in separate permanent disabilities at different times, section 4750 mandates apportionment.”
Brodie v. Workers' Comp. Appeals Bd., 156 P.3d 1100 (Cal. 2007).
“137 ] [“In apportioning under [former] Labor Code section 4663 it must be shown that the apportioned percentage of nonindustrial permanent disability would have resulted .”
Deschenes v. Transco, Inc., 953 A.2d 13 (Conn. 2008).
“See Cal. Lab. Code § 4663 (Deering 2007). In applying the statute, the workers’ compensation appeals board must “allow compensation not only for the disability resulting solely from the employment, but also for that which results from the acceleration, aggravation, or ‘lighting…”
Franklin v. Workers' Comp. Appeals Bd., 43 Cal. Comp. Cases 310 (Cal. Ct. App. 1978).
“1 Subsequent Injuries Fund agrees in part with Franklin and argues there is no basis for apportionment in this case and hence it has no liability since there was no preexisting disability prior to the industrial disability—a necessary precondition to the imposition of liability…”
City of Petaluma v. Workers' Comp. Appeals Bd. of State, 241 Cal. Rptr. 3d 97 (Cal. Ct. App. 5th 2018).
· cites it 4× “[¶] (b) A physician who prepares a report addressing the issue of permanent disability due to a claimed industrial injury shall address in that report the issue of causation of the permanent disability.”
Colonial Ins. v. Indus. Accident Commision, 172 P.2d 884 (Cal. 1946).
“The workmen’s compensation laws provide: “In case of aggravation of any disease existing prior to a compensable injury,, compensation shall be allowed only for the proportion of the: disability due to the aggravation of such prior disease which: is reasonably attributed to the…”
City of Jackson v. Workers' Comp. Appeals Bd., 82 Cal. Comp. Cases 437 (Cal. Ct. App. 2017).
· cites it 2× “Labor Code section 4663, subdivision (a) provides: “Apportionment of permanent disability shall be based on causation.”
Dorman v. Workers' Comp. Appeals Bd., 43 Cal. Comp. Cases 302 (Cal. Ct. App. 1978).
“Code, § 4750) or with the relationship between the present disability and the “normal progress” of the preexisting condition (Lab. Code, § 4663.) (See Zemke v. Workmen’s Comp.”
State Comp. Ins. Fund v. Indus. Accident Comm'n, 377 P.2d 902 (Cal. 1963).
“” 3 Labor Code section 4663 provides, “In ease of aggravation of any disease existing prior to a compensable injury, compensation shall be allowed only for the proportion of the disability due to the aggravation of such prior disease which is reasonably attributed to the injury.”
Sanders v. B. E. Walker Constr. Co., 169 So. 2d 803 (Miss. 1964).
· cites it 2× “Cal. Lab. Code § 4663 (1955): "In case of aggravation of any disease existing prior to a compensable injury, compensation shall be allowed for the proportion of the disability due to aggravation of such prior disease which is reasonably attributed to the injury.”
Duthie v. Workers' Comp. Appeals Bd., 43 Cal. Comp. Cases 1214 (Cal. Ct. App. 1978).
“Discussion Labor Code section 4663 governs apportionment of disability resulting from aggravation of a prior disease.”
Callahan v. Workers' Comp. Appeals Bd., 43 Cal. Comp. Cases 1097 (Cal. Ct. App. 1978).
“) 4 Labor Code section 4663 provides: “In case of aggravation of any disease existing prior to a compensable injury, compensation shall be allowed only for the proportion of the disability due to the aggravation of such prior disease which is reasonably attributed to the…”
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